In the latest turn of events surrounding the False Claims Act lawsuit against Lance Armstrong, the Texan is being accused of withholding two key pieces of data related to his own sponsored expert testimony from Dr. Erich Joachimsthaler, according to a report in Law360.
The US government is asking a DC federal court to preclude expert testimony from Dr. Joachimsthaler, who in his deposition noted that the US Postal Service’s brand improved through its sponsorship of the cycling team, despite the outcome of USADA’s reasoned decision. The reasoned decision pointed to Armstrong as a key player in a doping scandal within the team, and he was subsequently banned for life.
“Armstrong should not be permitted to sponsor testimony based on data he failed to produce by the Court-ordered deadline and continues to wrongfully withhold,” the government’s sanctions motion said, and which was reported in Law360.
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The report details the reason for the preclusion of expert testimony highlighting two instances where Armstrong withheld key pieces of data relating to the US Postal Service brand; data related to the “energized differentiation” in a Brand Asset Valuator and a survey from the marketing firm Chadwick Martin Bailey.
Law360 reports that the data related to the “energized differentiation” is a measure of the brand’s “direction in the marketplace.” The data analysis was complete last July, however, the portions that were provided in the lawsuit indicate that the direction of the US Postal Service brand declined following USADA’s reasoned decision, which directly contradicts Armstong’s argument that the government entity benefitted from their sponsorship of the US Postal Service Cycling Team, despite the doping revelations.
The second piece of data that Armstrong has withheld, according to the report in Law360, is a survey that includes “200 responses and other information on the questionnaire length or kick-out rates.”
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